A real estate project owner did not breach a reciprocal easement agreement (REA) with a business that bought property within the project by adding common area repair and construction costs to monthly common area maintenance (CAM) fees. Facts RAMCO Virginia’s ...

Tagged with: Contract Judge Charles S. Sharp Stafford County Circuit Court Virginia Circuit Courts

A dispute between a commercial tenant and landlord is headed to round three, this time because the district court erred in denying damages to the landlord. The commercial tenant is responsible for damages resulting from its early termination of the ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Paul V. Niemeyer

Where a contract required that the plaintiff spud wells on defendant’s property but did not define the term “spud,” the contract was interpreted as requiring only the drilling of the wells, not their production, consistent with the plain meaning of ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge Roger L. Gregory

A Roanoke funeral service appears likely to escape liability in a lawsuit over its handling of a decedent’s cremains in the face of family hostility. A judge’s ruling could bar recovery for a Roanoke woman who said the funeral home ...

Tagged with: Contract Judge Christopher Clemens Roanoke Circuit Court

Where a public authority’s obligation to repay bonds was conditioned of its receipt of rent from the city, and the city’s payment of that rent was conditioned on the appropriation of funds that were not, ultimately, appropriated, neither the city ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge A. Marvin Quattlebaum Jr.

The circuit court should have granted a construction company’s motion to compel arbitration after being sued by homeowners for allegedly defective construction. An arbitrator must interpret the arbitration clause in the parties’ contract and determine whether it is impossible to ...

Tagged with: Contract Justice Stephen R. McCullough Supreme Court of Virginia

Where the parties’ real estate purchase agreement provided that disputes must first be mediated, and that traditional litigation could commence if mediation was unsuccessful, plaintiffs’ suit on the contract must be dismissed because mediation never took place. This is so ...

Tagged with: Contract Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

Where an insurance company consistently advised a repair shop that it would pay the standard hourly rate to repair hail damage to the insured’s vehicle, the insured has not shown that an enhanced rate was reasonable and necessary to make ...

Tagged with: Contract Judge David B. Carson Roanoke Circuit Court Virginia Circuit Courts

A meat company was not entitled to an injunction preventing its landlord from initiating eviction proceedings because it had not shown that it complied with the terms of the parties’ agreement. Background Swift Beef Co. is a meat company that ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Per Curiam Opinion

Plaintiff bidder, who challenged defendant county’s decision to award a jail healthcare contract to another bidder, is not entitled to additional relief after the county canceled the award and withdrew the bid proposal. The demurrer, filed by the county and ...

Tagged with: Contract Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts